RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01166
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 October 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She is trying to obtain a VA Student College loan. The military made it
look like she was fired but she had to quit. She must have been an
excellent employee while in the military since they tried to convince her
to enlist in the Air Force Reserve.
Applicant submits no supporting documentation. Her application is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force in the grade of airman
basic (E-1) on 26 September 1983. Applicant was enrolled in Technical
Training.
On 27 January 1984, applicant was counseled concerning personal problems.
On 5 March 1984 and 15 May 1984, applicant was referred to the Human
Development Center for evaluation. No evidence of psychiatric disorder was
found.
On 7 March 1984, applicant was counseled for slow progression in Block II.
On 13 March 1984, applicant was counseled for failing to salute a staff
car.
On 15, 16, and 17 May 1984, applicant was counseled for refusing to accept
further training and expressing a desire to be separated from the Air
Force. On 18 May 1984, she received a letter of reprimand for the same.
On 25 May 1984, applicant was notified by her commander that in accordance
with AFR 39-10, paragraph 5.26.1 she was recommending the applicant be
discharged from the Air Force with her service characterized as general.
The specific reason for the commander's action was that the applicant
failed to make progress in a required training program in that she
willfully refused to attend class for further technical training and was
eliminated for prejudicial conduct.
The applicant was advised of her rights in this matter. The applicant
acknowledged receipt of the notification on that same date and the
commander initiated discharge proceedings. The applicant waived her right
to counsel and to submit statements on her own behalf.
In a legal review of the discharge case file, the acting staff judge
advocate, found it legally sufficient and recommended that the applicant be
discharged from the Air Force with a general discharge. On 30 May 1984,
the discharge authority directed that the applicant be discharged from the
Air Force with a general discharge without probation and rehabilitation.
Accordingly, applicant was discharged on 1 June 1984 for “Unsatisfactory
Performance” with an RE code of 2B, “Separated with a general or under-
other-than-honorable conditions (UOTHC) discharge.” She had served 8
months and 6 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, WV, indicated that on the basis of the data furnished, they
were unable to locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that based
on the documentation on file in the master personnel records, the discharge
was consistent with the procedural and substantive requirements of the
discharge regulation. The AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 May 2005, a copy of the Air Force evaluation was sent to the applicant
for review and response. As of this date, this office has not received a
response.
On 31 May 2005, in response to the post-service letter, applicant stated
she has an excellent credit rating and her driving record is clean.
Additionally, applicant states she is very active in her community and
submits two character reference letters (See Exhibit F).
_________________________________________________________________
THE BOARD DETERMINES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After a thorough review of the
available records, the majority of the Board found the applicant did not
provide persuasive evidence showing the information in the discharge case
was erroneous, her substantial rights were violated, or that her commanders
abused their discretionary authority. The applicant’s contentions are duly
noted; however, the Board majority believes the characterization of
discharge which was issued at the time of her separation accurately
reflects the circumstances of her separation and the majority of the Board
does not find the characterization of her discharge to be in error or
unjust. We have noted the supportive statements provided in the
applicant’s behalf; however, in the opinion of the majority of the Board,
the cited statements are not of a sufficient quality or quantity to support
approval of the requested relief based on clemency in view of the short
period of time the applicant served on active duty. Therefore, a majority
of the Board finds no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the Board finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 25 August 2005 and 12 September 2005, under the provisions of
AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Jean A. Reynolds, Member
Ms. Sharon B. Seymour, Member
By a majority vote, the Board recommended denial of the application. Mr.
Petkoff voted to correct the record as requested but did not wish to submit
a minority report. The following documentary evidence for AFBCMR Docket
Number BC-2005-01166 was considered:
Exhibit A. DD Form 149, dated 4 Apr 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 6 May 05.
Exhibit E. Letter, SAF/MRBC, dated 19 May 05, w/atch.
Exhibit F. Applicant’s Rebuttal, not dated, w/atchs.
GREGORY H. PETKOFF
Panel Chair
AFBCMR BC-2005-01166
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXXXXXXXXXXXXXXXXXXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review
Boards Agency
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Case on XXXXXXXXXXXXXXXX, AFBCMR: BC-2005-01166
After considering the evidence available for my review, I agree with
the minority member of the panel that the applicant’s request that her
general (under honorable conditions) discharge be upgraded to honorable
should be granted.
While the applicant’s general discharge may have been appropriate
based on regulations in effect at the time, I find the characterization of
discharge too harsh based on the minor offenses she committed. Since it
would serve no useful purpose to the Air Force or to society in general to
continue the nature of her discharge at this late date and since it is
apparent that she has been a responsible citizen following her separation,
it is my decision that the characterization of her discharge should be
upgraded to fully honorable as a matter of equity and on the basis of
clemency.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2005-01166
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 1 June
1984, she was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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